State Ex Rel. Gerst Bros. Manufacturing v. Ossing

NIPPER,, J.

— This is an original proceeding in mandamus, brought to compel one of the circuit judges of the city of St. Louis to sign a bill of exceptions. Objection was made to the signing of the bill of exceptions on Hie ground that there was in fact, no exceptions taken to the action of the trial court in overruling a motion for a new trial. The trial judge, in refusing to sign the bill of exceptions, certified that be refused to sign said bill because after the motion for a new trial Avas overruled tlie losing party made no effort to perfect an appeal during the term, and in fact, saved…